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Abstract
This study examined effects of having a minor child(ren) on the probability of being prosecuted, convicted, and if convicted, the sanctions that were imposed. Data were state-wide court and birth records of criminally-charged women in North Carolina, a state with sentencing guidelines. We hypothesized that (a) prosecutors would be less likely to prosecute and more likely to lower an offense class and (b) judges (when they had discretion) would be more lenient for women in sentencing with minor children than without. Having a minor child(ren) reduced the probability of prosecution; given prosecution, conviction rates fell. When the judge had discretion, having minor children reduced the probability of an active sentence. Having a minor child had no effect on minimum sentence length for women with active sentences. Presence of a minor child affects prosecutorial and judicial decisions affecting women charged with a criminal offense.
Notes
1 Minor changes in the law were made in 1995, 2009, 2011, and 2013 (North Carolina Sentencing and Policy Advisory Commission, Citation2014). The state’s sentencing guidelines are determined by offense class (Misdemeanors: Class 3, 2, 1, A1, DWI,Level 5, 4, 3, 2, 1, A1. Felonies: Class I, H, G, F, E, D, C, B2, B1, A, Drug Trafficking- Class H, G, F, E, D, C). The state maintains two trial courts: district and superior. Generally, felony cases are heard in superior courts whereas misdemeanors are heard in district courts. In 2005, there were 39 judicial districts in North Carolina. Between 2005 and 2016, a few additional judicial districts were created by splitting districts. Prosecutorial districts, with a few exceptions, coincided with judicial districts.